Comparison between Islam and The International Law Concerning War

Islam permits war but keeps it within the limits of mercy at which the twentieth century civilization has not yet been able to arrive, not even to come near to. Islam has set down certain rules, the most merciful and considerate to people, and required people to observe them.

Such rules go in line with the principles of international law in many ways, but differ in that they are divine rules legalized through religion and executed through the faith of Moslems. The principle of international law lack this authority that ensures putting them into practical effect. Scholars even say that considering international rules as laws is a kind of leniency. A law is a law only when it is supported by some force that ensures its performance, and there is no such force for international law. The Moslem rules, though they aim at justice and mercy, have the faith of Moslems as an authority to ensure their being carried out.

A. International law determines that the citizens who are not regular members of an army are not considered as fighters, and hence should not be inflicted with harm; only regular soldiers (or armed men engaged in a war) are considered as fighters.

The Shariiah agrees on this point, for the Koran says: "Fight in the cause of God those who fight you, but do not transgress limits. God loveth not transgressors" (2:190). It is an act of transgression to when believers fight those who do not fight them, people like their enemy's children and wives, as well as their sick, old and clergy.

In the Raid of Mu'tah, the Prophet instructed his men, while about to set on, "Never kill a woman, a weak infant, or a debilitated old person; nor burn palms, uproot trees, or pull down houses!"

B. International law forbids killing the wounded, torturing the enemy, destroying them by treachery or deception, or using bombs, missiles or weapons which add to their torture. It also prohibits the poisoning of wells, rivers and foods; it recommends that the corpses of the dead be respected, and prohibits any severity or mayhem be inflicted on them, regardless of the nationality of dead people.

Islam applies the same principles, for when the Prophet appointed an army or troop leader he instructed him to be always God-fearing, and added: "Never transgress limits, or take your enemy by surprise or perfidy, or inflict atrocities or mutilation, or kill infants!"

Abu Bakr, the first Caliph in Islam, instructed his senior officer Oussama, saying, "Never betray, or transgress your limits, or take the enemy by surprise or perfidy, or inflict atrocities or mutilation upon them; nor kill young babies or old people or women; and never injure or burn palms or cut down a fruitful tree, or slay a sheep, a cow or a camel unless it is for your food!"

C. International law prescribes a number of principles regarding the proper treatment of captives. They should not be killed, injured, ill-treated or humiliated if they surrender or if they are deprived of their freedom.

Islam also urges on the polite treatment of captives in general, and God commends the righteous who treat such people hospitably, saying: "And they feed, for the love of God, the indigent, the orphan, and the captive, (saying), 'We feed you for the sake of God alone; no reward do we desire from you, nor thanks'" (76:8-9).

The Prophet was generous to his captives, but in return fir his setting them free he asked them to teach Moslem infants writing.


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